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  • The Denver Gazette

    Denver District Attorney candidates spar over qualified immunity, prosecuting "low-level" crimes ahead of June primary

    By Alexander Edwards alex.edwards@gazette.com,

    16 days ago
    https://img.particlenews.com/image.php?url=2wkqE7_0sjlQqaP00

    The two-pony race to become Denver’s next district attorney is heating up and the two remaining candidates, John Walsh and Leora Joseph, took to the stage during a debate Tuesday night.

    The coming June primary will determine the sole name on the November ballot for Denver’s most powerful prosecuting authority. Incumbent District Attorney Beth McCann announced in June of last year she would not seek reelection.

    Both Walsh and Joseph have extensive legal experience and have served in various roles at local, state and federal levels. Walsh has also worked in the private sector for many years. However, the candidates have differentiated themselves on issues like police accountability and qualified immunity as well as how to prosecute low level, "quality of life" crimes.

    Tuesday's debate at the Buell Public Media Center, which was sponsored by the Upper Downtown Neighborhood Association, had a “tough on crime” theme, and some answers were somewhat in sync, making the choice between the two a difficult one for some audience members.

    Walsh said he has secured several endorsements, including those from “all living former district attorneys.” Indeed, his list of endorsers includes several former Colorado governors and former Denver Mayors Wellington Webb and Frederico Pena.

    Joseph can claim support from many members of the state legislature, including state Sens. Chris Hansen and Dafna Michaelson Jenet. She also enjoys support from Denver City Councilwoman Amanda Sawyer.

    On the question of qualified immunity for police, both candidates on Tuesday agreed the decision whether to prosecute had to be made on a case-by-case basis. However, Walsh posed his own question, asking how the DA’s office should evaluate allegations of misconduct when “deciding whether or not to prosecute an officer.”

    “It's incredibly important to recognize that there are moments in which an officer has to act in a split second, and that needs to be taken into account,” he said. “On the flip side of that, if an officer has violated policies of the police department in a systematic, unknowing or willing way, it is important for the DA to have the courage to bring a charge when it's necessary.”

    At various points in the debate, Walsh reiterated his commitment to police officers and his desire to have a solid working relationship within the department. Joseph echoed those ideas, saying her work of the past 20 years would have been impossible without the collaboration of police officers.

    She recalled some instances where police called her late at night concerning a murder or violent sexual assault. Working with institutions is instrumental in helping to get to the bottom of some crimes, she said. However, Joseph acknowledged that officers are not themselves above the law and many cases she had dealt with their misconduct.

    “Part of my life has also been prosecuting police officers for domestic violence and sexual assault,” she said. “We must work with the institutions, and in this case we have to work with the police department to improve access to training, helping make sure the police officers feel supported.”

    Walsh and Joseph disagreed on how to approach prosecuting low-level crimes.

    Joseph took a much harder stance than Walsh, saying criminal acts must have consequences. The power of the DA’s office is determining what those consequences are, she said, which is where “the work gets exciting.”

    Walsh on the other hand approached the issue from a care-and-harm reduction perspective, suggesting Denver expand its fledgling drug court. He added that the power of the DA’s office is to advocate for the Harm Reduction Action Center, Sobriety House Inc. as well as other recovery programs.

    “(We need to) use the moment when someone gets caught up in the criminal justice system as the moment where we ensure they get the treatment they need,” he said.

    Though asked not to participate, at several points audience members let loose with cheers or whoops. This drew a gentle reminder from the moderator to keep quiet.

    After the debate, and even during it, members said they were impressed with both candidates and their intelligence and knowledge on the subjects. Denver native Mike Sullivan, an East High School graduate, appreciated how diplomatic the debate was, especially compared to others he’s been to. Ciara Monfort appreciated how both discussed the mental health aspect, and how it relates to Denver’s myriad ongoing issues. That issue is one that has “not been discussed enough,” she said.

    But Stevenson Farnsworth, who has lived near the debate site at 21st and Arapahoe streets since 2013, appreciated that the candidates were in the community at all.

    “We have a lot of crime and other issues here, so the fact that they are here seeing it means everything,” he said.

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